California State Motor Vehicle Pollution Control Standards; Opportunity for Public Hearing

ENVIRONMENTAL PROTECTION AGENCY

[FRL-5697-7]

California State Motor Vehicle Pollution Control Standards;

Opportunity for Public Hearing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of opportunity for public hearing and public comment.

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SUMMARY: The California Air Resources Board (CARB) has notified EPA

that it has approved amendments to its evaporative emission standards

and testing procedures for passenger cars, light-duty trucks, medium-

duty vehicles, and heavy-duty vehicles and engines, for all fuels

except diesel fuel and natural gas, for 1996 through 1998 model years.

By letter dated October 16, 1996, California requested EPA to grant a

waiver of Federal preemption for these amendments pursuant to section

209(b) of the Clean Air Act (Act), 42 U.S.C. 7543(b). This notice

announces that EPA has tentatively scheduled a public hearing for March

26, 1997 to consider CARB's request and to hear comments from the

general public concerning CARB's request. In addition, EPA is

requesting that interested parties submit written comments. Any party

desiring to present oral testimony for the record at the public

hearing, instead of or in addition to submitting written comments, must

notify EPA by March 20, 1997. If no party notifies EPA that it wishes

to testify, then no hearing will be held and EPA will consider CARB's

request based on written submissions to the record.

It should be noted that these amendments are limited to

California's evaporative emission test standards and testing procedures

for the 1996 through 1998 model years. EPA anticipates a separate

waiver request and proceeding regarding CARB's evaporative emission

test procedures and standards for the 1999 model year and thereafter.

Therefore, parties wishing to comment should confine the scope of their

comments to issues pertaining to the 1996 through 1998 model years.

DATES: EPA has tentatively scheduled a public hearing for March 26,

1997, beginning at 10:00 a..m., if any party notifies EPA by March 20,

1997, that it wishes to present oral testimony regarding CARB's

requests. By March 21, 1997, any person who plans to attend the hearing

should call Mr. David Dickinson of EPA's Vehicle Programs and

Compliance Division at (202) 233-9256 to determine if a hearing will be

held. Any party may submit written comments regarding CARB's request by

April 30, 1997.

ADDRESSES: If EPA receives a request for a public hearing, EPA will

hold the public hearing announced in this notice in the first floor

conference room at 501 3rd Street, NW., Washington, D.C. Parties

wishing to present oral testimony at the public hearing should provide

written notice to Mr. Dickinson, Vehicles Programs and Compliance

Division, 401 M St., S.W. (6405J), Washington, DC 20460. In addition,

written comments regarding the waiver request should be sent, in

duplicate, to Mr. Dickinson at the address noted above. Copies of

material relevant to the waiver request (Docket No. A-95-39) will be

available for public inspection during the working hours of 8:00 a.m.

to 5:30 p.m. Monday through Friday, at the U.S. Environmental

Protection Agency, Air and Radiation Docket and Information Center,

Room M1500, First Floor Waterside Mall, 401 M St., S.W., Washington, DC

20460, Telephone: (202) 260-7548.

FOR FURTHER INFORMATION CONTACT: Mr. David Dickinson, Attorney/Advisor,

Vehicles Programs and Compliance Division, U.S. Environmental

Protection Agency, 401 M St., S.W. (6405J), Washington, DC 20460.

Telephone: (202) 233-9256. E-Mail address:

Dickinson.D[email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Discussion

Section 209(a) of the Act as amended, 42 U.S.C. 7543(a), provides

in part: ``No State or any political subdivision thereof shall adopt or

attempt to enforce any standard relating to the control of emissions

from new motor vehicles or new motor vehicle engines subject to this

part * * * [or] require certification, inspection, or any other

approval relating to the control of emissions * * * as condition

precedent to the initial retail sale, titling (if any), or registration

of such motor vehicle, motor vehicle engine, or equipment.''

The State of California may be exempted from the prohibitions of

section 209(a) of the Act. Section 209(b) of the Act provides in part

that the Administrator shall, after notice and opportunity for public

hearing, waive application of the prohibitions of section 209(a) for

California ``if the State determines that the State standards will be,

in the aggregate, at least as protective of public health and welfare

as applicable Federal standards. No such waiver shall be granted if the

Administrator finds that--(A) the determination of the State is

arbitrary and capricious, (B) [California] does not need such * * *

standards to meet compelling and extraordinary conditions, or (C) [its]

standards and accompanying enforcement procedures are not consistent

with section 202(a) of (the Act).''

Once California has been granted a waiver of the application of the

prohibitions of section 209(a) for its standards and accompanying

enforcement procedures for a class of vehicles, it may adopt other

conditions precedent to initial retail sale, titling or registration of

the subject class of vehicles without the necessity of receiving

further waiver of Federal preemption.

By letter dated August 21, 1995, CARB submitted to EPA a request

for waiver of Federal preemption for amendments to its evaporative

emission standards and test procedures. By letter dated October 16,

1996, CARB submitted a revised request for waiver of Federal preemption

limiting the applicability of these amendments to the 1996 through 1998

model years. These amendments which apply to all classes of passenger

cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles

and engines, except petroleum-fueled diesel vehicles and vehicles

fueled by natural gas:

a. Incorporate a supplemental test procedure to help assure

adequate evaporative canister purge.

b. Further align CARB's enhanced test procedures with the federal

test procedures by conforming most of the differences between the two

test procedures.

c. Make the enhanced test procedure applicable to the complete

heavy medium-duty vehicle class (8,501-14,000 lbs., gross weight

vehicle rating (GVWR)).

d. Amend the evaporative emission standard for the hot soak plus

the diurnal emissions test for medium-duty vehicles which have a GVWR

of 6,001-8,500 lbs. and fuel tanks equal or greater than 30 gallons

from 2.0 to 2.5 grams per test.

EPA finalized its evaporative standards and test procedures on

March 24, 1993 (see 58 FR 16002). EPA's new standards and test

procedures are being phased-in with full compliance by 1999. In

addition, on July 6, 1995, EPA issued a direct final rule designed to

harmonize federal test procedures with CARB test procedures. EPA's

present waiver consideration will only consider CARB's request for

model years 1996-1998. Therefore, in the context of the waiver criteria

set forth in section 209(b), CARB's amended standards and test

procedures will be compared to

[[Page 9186]]

EPA's standards and test procedures for model years 1996 through 1998.

California states in its October 16, 1996 letter, referencing both

its August 21, 1995 letter and recent developments, that it has

determined that its amended standards are, in the aggregate, at least

as protective of the public health and welfare as the applicable

federal standards. Further, California, referencing its August 21, 1995

waiver request letter, states that it continues to need separate

standards to meet compelling and extraordinary conditions. Finally,

California, referencing its August 21, 1995 letter and its

Manufacturers Advisory Correspondence (MAC) 96-05, states that

its amendments are consistent with section 202(a) of the Act. Section

202(a) requires that the procedures provide sufficient lead time to

permit the development and application of requisite technology, giving

appropriate consideration to the cost of compliance within such period.

In addition, EPA has held that section 202(a) prohibits the procedures

from imposing inconsistent certification requirements such that

manufacturers would be unable to demonstrate compliance with both the

California and Federal requirements with the same test vehicle and

using a single test sequence.

California's request will be considered according to the procedures

for a waiver determination, thus an opportunity for a public hearing is

being provided. Any party wishing to present testimony at the hearing

and/or to submit written comments should address the following issues:

(1) Whether California's determination that its standards are at

least as protective of public health and welfare as applicable Federal

standards is arbitrary and capricious;

(2) Whether California needs separate standards to meet compelling

and extraordinary conditions; and,

(3) Whether California's standards and accompanying enforcement

procedures are consistent with section 202(a) of the Act.

II. Procedures for Public Participation

Any party desiring to make an oral statement on the record should

submit ten (10) copies, if feasible, of its proposed testimony and

other relevant material to Mr. Dickinson of EPA's Vehicles Programs and

Compliance Division at the address listed above not later than March

24, 1997. In addition, the party should submit 25 copies, if feasible,

of the planned statement to the presiding officer at the time of the

hearing.

In recognition that a public hearing is designed to give interested

parties an opportunity to participate in this proceeding, there are no

adverse parties as such. Statements by participants will not be subject

to cross-examination by other participants without special approval by

the presiding officer. The presiding officer is authorized to strike

from the record statements which he or she deems irrelevant or

repetitious and to impose reasonable limits on the duration of the

statement of any participant.

If a hearing is held, the Agency will make a verbatim record of the

proceedings. Interested parties may arrange with the reporter at the

hearing to obtain a copy of the transcript at their own expense.

Regardless of whether a public hearing is held, EPA will keep the

record open until April 30, 1997. Upon expiration of the comment

period, the Administrator will render a decision on CARB's request

based on the record of the public hearing, if any, relevant written

submissions and other information which she deems pertinent.

Persons with comments containing proprietary information must

distinguish such information from other comments to the greatest

possible extent and label it as ``Confidential Business Information''

(CBI).

If a person making comments wants EPA to base its waiver decision

in part on a submission labeled as CBI, then a nonconfidential version

of the document which summarizes the key data or information should be

submitted for the public docket. To ensure that proprietary information

is not inadvertently placed in the docket, submissions containing such

information should be sent directly to the contact person listed above

and not to the public docket. Information covered by a claim of

confidentiality will be disclosed by EPA only to the extent allowed and

by the procedures set forth in 40 CFR part 2. If no claim of

confidentiality accompanies the submission when it is received by EPA,

it may be made available to the public without further notice to the

person making comments.

Dated: February 24, 1997.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 97-5034 Filed 2-27-97; 8:45 am]

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